In a first of its kind, the Rajasthan government introduced the Rajasthan Platform-Based Gig Workers (Registration and Welfare) Bill, 2023, with the aim of ensuring social security for gig workers. Despite its good intent and noteworthy features, the Bill appears wanting in important aspects. We identify four major issues that could possibly constrict the remit and reach of the Bill.
Definitions
The first issue arises from the definitions of a gig worker and aggregator in the Bill. Drawing largely on the Code on Social Security, 2020, the Bill defines a gig worker as a ‘person who performs work or participates in a work arrangement and earns from such activities outside of traditional employer-employee relationships and who works on a contract that results in a given rate of payment’. It defines an aggregator as a ‘digital intermediary... and includes any entity that coordinates with one or more aggregators for providing the services’. These definitions are far from clear and binding in treating the aggregator as employers. This lacking has a crucial bearing, as gig workers would then be seen as contractors or self-employed and not as employees by the aggregator.